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Judge grants deferred judgment in burglary case

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Wednesday, Dec. 19, 2018 1:59 PM
Calhoun

A Cortez man who pleaded guilty to burglarizing a home and stealing $750 to $2,000 in property was sentenced on Tuesday to a deferred judgment and 24 months of state-supervised probation. He also will pay restitution.

As a condition of a Sept. 4 plea deal, Tyler Calhoun, 26, was ordered to complete inpatient treatment in Tennessee for drug abuse. With the treatment complete, Calhoun appeared in 22nd Judicial District Court on Tuesday for sentencing. He wore a collared shirt and had support from about five family members in the gallery. Judge Todd Plewe asked defense attorney Jason Eley if he could speak directly to Calhoun to learn more about him. Eley did not object.

In response to questions from Plewe, Calhoun stated he grew up in the Cortez area and has an associate degree in drafting design from ITT Technical Institute in Phoenix. He said he hopes to find a job where he can travel, and he would like to move to Tennessee, where he recently completed treatment and found a sober community that he liked.

Plewe asked Calhoun his drug of choice. He said he started using heroin about a 1½ years ago. Plewe asked if Calhoun would like to stay in Cortez, and Calhoun said he would not. The judge said many drug users find it difficult to stay in a community where they got into trouble. Several of his family members in the audience nodded their heads.

Calhoun said that in Tennessee, he has a sponsor and sober people who can help him make better decisions. Plewe said he also has people who he can bounce ideas off.

“We all need support,” Plewe said. “We all do. Every single one of us. So that’s a very valuable tool that you’ve learned.”

Plewe then granted a deferred judgment sentence with 24 months of probation and random drug tests. Deputy District Attorney Matthew Margeson said the victim was seeking restitution but is still working on compiling the full list and cost of items that have not been returned. Plewe gave the victim 30 days to provide the cost of restitution.

In his guilty plea, Calhoun admitted to trespassing and stealing from a property just east of Cortez on U.S. Highway 160. The 58-year-old property owner informed the Montezuma County Sheriff’s Office that several items were missing from a metal shed, a wood shed, a silo and a cellar that were left unlocked on his property.

The stolen items have an estimated value of $7,720. They include a $500 1970 Honda 70 minibike, two $800 1970s Honda Z50 minibikes, an $800 1970s Arctic Cat snowmobile, a $400 Craftsman air compressor, a $500 paint sprayer, a $150 upright toolbox, a $150 jigsaw, two $400 oxygen tanks, four $800 water pumps with gas engines, a $100 table saw, a $150 circular saw, a $75 beer brewing kit, a $100 gas turkey fryer and a $100 propane heater.

According to an MCSO detective and an incident report, Calhoun discovered the unsecured property and proceeded to return several times during about two weeks in June with at least five others who also stole items.

A sheriff’s detective tracked down some of the stolen goods at Cortez Cash Pawn and Trade and found pawn receipts with their names. Detective Ricky Shadden told The Journal that some stolen goods were traded for illegal narcotics, mostly heroin.

Plewe stated he would allow Calhoun to move elsewhere in Colorado during probation and once he’s off probation he can move to Tennessee if he chooses.

“Good luck to you, sir,” Plewe said. “Take this chance and do good.”

sdolan@the-journal.com

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